Can I carry a handgun if I am drinking alcohol?

[03Lightningrocks]

Just to be sure I am not confused. It is OK for me to get catter walling drunk and carry... Just so I am not intoxicated? Correct?

As long as you're not brandishing in a post office bathroom while wearing a CHL sash and tiara.

I mean no disrespect but do you have one of them there fancy code and section numbers so I can verify this information. You know, like a 63.05 or something. I am also curious about whether or not this law covers the size of my tiara and what happens if I am also wearing a bunny rabbit costume.

Your head is at least as big as mine, and I require a 4XL tiara. If your butt is as big as mine, they don't make bunny rabbit costumes to fit us. You have to go up in class to a Pooka costume......although unless you're 6' 3.5" tall like Harvey was, it will be a bit droopy in the drawers.

Hey... Wait a minute! I resemble that description.

[JKTex]

If alcohol is such a problem, you really have to wonder why the law applies only to concealed handgun license holders and exempts peace officers.

How are peace officers exempt? There's not a week goes by that a peace officers drunk mug shot isn't plastered on the evening news. The PC above is just specific to those licensed to carry a handgun. It doens't give anyone else a pass.

[ScottDLS]

If alcohol is such a problem, you really have to wonder why the law applies only to concealed handgun license holders and exempts peace officers.

How are peace officers exempt? There's not a week goes by that a peace officers drunk mug shot isn't plastered on the evening news. The PC above is just specific to those licensed to carry a handgun. It doens't give anyone else a pass.

PC 46.035 which makes carrying while intoxicated a crime only covers people carrying under the authority of their CHL, which peace officers are generally not, if they even have one.

PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

They're also exempt from 30.05 and 30.06, so can carry regardless of a private property owner's wishes. Many departments have policies against carrying while intoxicated, but they are not a criminal violation. Nor is carrying intoxicated in your own home...though perhaps not a good idea.

[JKTex]

If alcohol is such a problem, you really have to wonder why the law applies only to concealed handgun license holders and exempts peace officers.

How are peace officers exempt? There's not a week goes by that a peace officers drunk mug shot isn't plastered on the evening news. The PC above is just specific to those licensed to carry a handgun. It doens't give anyone else a pass.

PC 46.035 which makes carrying while intoxicated a crime only covers people carrying under the authority of their CHL, which peace officers are generally not, if they even have one.

PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

They're also exempt from 30.05 and 30.06, so can carry regardless of a private property owner's wishes. Many departments have policies against carrying while intoxicated, but they are not a criminal violation. Nor is carrying intoxicated in your own home...though perhaps not a good idea.

Well sure, 46.035 applies to License Holders under Subchapter H, Chapter 411, not peace officers so it's irrelevant to that point.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

46.02 and 46.03 have nothing to do with drinking or intoxication but they don't specify "only" license holders so 46.15 does exempts peace officers. So, depending if we're debating the thread topic, it's not relevant either. As even another off topic angle, both should be scratched for license holders too, but that's a whole other can of worms.

I'll be so bold as to say no peace officer that's carrying, regardless of under what authority, that stops off at the bar after his/her shift and gets stumbling drunk will get picked up off the floor, dusted off and told to be careful driving home by local LE because of protection by law. As with most things, I'm sure the very few that do get popped for carrying under the authority of a CHL while intoxicated, there was a good reason they came to cross paths with LE....and they likely brought it on themselves.

As for 30.05 and 30.06, both are irrelevant and of course, 30.06 is, like 46.035, specifically applicable to "TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN".

If like the majority of people they are responsible in their behavior, it's a non-issue so, salud!

[ScottDLS]

If alcohol is such a problem, you really have to wonder why the law applies only to concealed handgun license holders and exempts peace officers.

How are peace officers exempt? There's not a week goes by that a peace officers drunk mug shot isn't plastered on the evening news. The PC above is just specific to those licensed to carry a handgun. It doens't give anyone else a pass.

PC 46.035 which makes carrying while intoxicated a crime only covers people carrying under the authority of their CHL, which peace officers are generally not, if they even have one.

PC §46.15. NONAPPLICABILITY. (a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;

They're also exempt from 30.05 and 30.06, so can carry regardless of a private property owner's wishes. Many departments have policies against carrying while intoxicated, but they are not a criminal violation. Nor is carrying intoxicated in your own home...though perhaps not a good idea.

Well sure, 46.035 applies to License Holders under Subchapter H, Chapter 411, not peace officers so it's irrelevant to that point.

Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER.

46.02 and 46.03 have nothing to do with drinking or intoxication but they don't specify "only" license holders so 46.15 does exempts peace officers. So, depending if we're debating the thread topic, it's not relevant either. As even another off topic angle, both should be scratched for license holders too, but that's a whole other can of worms.

I'll be so bold as to say no peace officer that's carrying, regardless of under what authority, that stops off at the bar after his/her shift and gets stumbling drunk will get picked up off the floor, dusted off and told to be careful driving home by local LE because of protection by law. As with most things, I'm sure the very few that do get popped for carrying under the authority of a CHL while intoxicated, there was a good reason they came to cross paths with LE....and they likely brought it on themselves.

As for 30.05 and 30.06, both are irrelevant and of course, 30.06 is, like 46.035, specifically applicable to "TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN".

If like the majority of people they are responsible in their behavior, it's a non-issue so, salud!

You asked how peace officer's are exempt...presumably from 46.035. They are exempt because they wouldn't be carrying under the authority of their CHL, even if they had one. It's the same reason you would be exempt from 46.035 while carrying at your home while intoxicated, even if you're a license holder.

[Panda]

How are peace officers exempt? There's not a week goes by that a peace officers drunk mug shot isn't plastered on the evening news. The PC above is just specific to those licensed to carry a handgun. It doens't give anyone else a pass.

It looks like you agree it doesn't apply to cops so that sounds like exempt to me. Unless you can cite the law that says its illegal for cops to carry while drunk, it sounds like they are exempt.

There may be policies but like people often say in the HR manual threads, you can be fired but its not illegal.